Privacy Policy

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Privacy Policy
Welcome to Orbbeatz®, a service provided by Orbbeatz Limited (“Orbbeatz”, “we” “our”, “us”). Your privacy is important to us. This Privacy Policy explains how we collect, store, use and disclose your personal information when you use Orbbeatz.com (the “Website”), and all related players, widgets, tools, apps, data, software, APIs and other services provided by Orbbeatz (the “Services”).
This Privacy Policy explains the following, amongst other things:
• Our principles with respect to your data and your privacy
• The information we collect about you • How we use your personal information
• How we share your personal information
• How we use cookies and similar technology
• Your choices with respect to your personal information
• How to contact us regarding privacy issues
By using the Website or any of the Services, and in particular by registering a Orbbeatz® account, you are consenting to the use of your personal information in the manner set out in this Privacy Policy. Please take some time to read this Privacy Policy, and make sure you are happy with our use and disclosure of your personal information. If you do not agree to any of the provisions of this Privacy Policy, you should not use the Website or any of the Services.
If you have any questions or concerns, you can contact us at privacy@orbbeatz.com. Please note that this Privacy Policy only applies to the Website and the Services (together, the “Platform”). When using the Platform, you may find links to other websites to services, or tools that enable you to share information with other websites and services. Orbbeatz is not responsible for the privacy practices of these other websites and services and we recommend that you review the privacy policies of each of these websites or services before linking your Orbbeatz account or sharing any personal information.
We have a pretty simple approach to data protection and privacy, which can be summarized as follows: We believe in full disclosure This Privacy Policy is designed to give you full transparency regarding our data protection practices. If there’s anything that’s not clear from this Privacy Policy, please feel free to email us at privacy@orbbeatz.com. You should have full control over your data We’ve designed the Website to give you control over the information you publish and share on Orbbeatz® and other sites and services to which you connect your Orbbeatz® account. Please take full advantage of these tools and make sure you only share what you want to share.
Information we collect about you :
We collect personal information about you from various sources: Information provided by you You don’t need to provide us with any personal information in order to visit the Website. However, certain Services do require that you register for a Orbbeatz® account and, by doing so, you will provide us with certain personal information:
• Essential Information: When you register any kind of Orbbeatz® account, you will need to provide your email address and choose a password. In addition, if you register a premium account, you will also need to provide your real name, address and payment verification information.
• Profile Information: You may choose, at your discretion, to provide additional information for your public profile on Orbbeatz® – for example: o your real name o a user name (which may be your real name or a pseudonym) o the city and country in which you live o a profile picture or avatar o information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label or some other category of creator) o details of your other websites and social media profiles, including links to those websites and profiles None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time. For more information, see the Choice and Control section below.
• Information from Correspondence: You will provide certain personal information if you contact us by email, use any of the webworms on the Website, or contact us by mail, fax or other offline means.
• Survey Information: If you participate in any survey, you will provide certain personal information as part of your response, unless you respond anonymously.
• Information that you post on the Website: You may provide personal information when you upload sounds to the Platform, or when you post comments on the Website, or contribute to community discussions.
Information we collect automatically
There is certain information that we collect automatically as the result of your use of the Platform, or through the use of web analytics services as described in the Cookies and Similar Technology section below.
This information includes:
• the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
• the site that you visited immediately prior to visiting the Website
• the specific actions that you take on the Website, including the pages that you visit, streaming or downloading sounds, uploading or recording sounds, connecting your Facebook account, sharing a track with another user, following or un-following another user, joining or leaving a group, posting a comment, or performing a search
• any search terms that you may enter on the Website
• the time, frequency and duration of your visits to the Website
• your browser type and operating system
• the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
• information collected through cookies and similar technology, as described below
• information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message Information from Other Sources Orbbeatz allows you to sign up and log in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with Orbbeatz. This includes your first name, last name, gender, general location, a link to your Facebook profile, your time zone, birthday, profile picture and your list of friends. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. If you sign up to Orbbeatz® using Facebook, your Orbbeatz® account will be connected automatically to your Facebook account, and information regarding your activity on Orbbeatz®, specifically the sounds that you listen to on Orbbeatz®, will be shared with Facebook and will be published in your Facebook friends’ newsfeeds. If you do not wish to share your Orbbeatz® activity with your Facebook friends, you can control this from the “Settings” page – for more information, see the Choice and Control section below.
How we use your personal information
We use the information that we collect about you for the following purposes:
• our email address and password are used to identify you when you log into the Platform.
• Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API. Please bear this in mind when considering whether to provide any additional information about yourself.
• If you subscribe to a premium account, your name, address and payment verification information will be used to process your account subscription and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption. Orbbeat also complies with the Payment Card Industry Security Standards.
• Your email address will be used to send you newsletters and email notifications if you have elected to receive them using your account preferences. For information about how to change your preference, and to unsubscribe from newsletters and email notifications, please see the Choice and Control section, below.
• If you are a Facebook user, and one of your Facebook friends registers a Orbbeatz® account, we will suggest to your Facebook friend that you might be someone they may wish to follow on Orbbeatz.
Your personal information is also used for the following general purposes:
• To operate and maintain your Orbbeatz® account, and to provide you with access to the Website and use of those Services that you may request from time to time.
• To identify you as the creator of the sounds that you upload, the comments that you post and/or the other contributions that you make to the Platform.
• To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
• To provide other users with data regarding people streaming and downloading their sounds.
• To analyze the use of the Platform, and the people visiting the Website and using the Services, in order to improve Orbbeatz®.
• To respond to you about any comment or enquiry you have submitted.
• To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time.
• To prevent or take action against activities that are, or may be, in breach of our Terms of Use, Community Guidelines or applicable law.
• For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal information.
Sharing of your personal information
We will not share your personal information with any third party, except as described in this Privacy Policy. There are circumstances where we may need to share some of the personal information we collect about you or that you provide to us - these circumstances are as follows:
• Other Users: Any personal information in your public profile (other than your email address) will be accessible by other users of the Platform, who may view your profile information, listen to and comment on any of your public sounds, add themselves to your list of followers, and send you messages. If you listen to any sounds uploaded by a premium user, the fact that you have listened to those sounds will be shared with that premium user, so that they can track the popularity of their sounds. Similarly, if you comment on any sounds on the Platform, your comments will be available to all users of the Platform.
• With your consent: We will disclose your personal information if you have explicitly agreed that we may do so. In particular, we will disclose personal information where you have elected to connect your Orbbeatz® account to other social networks, or have elected to have your activity on the Platform published to other networks such as Facebook. For information on how to control the information that your share, please see the Choice and Control section below.
• Service Providers: We use certain reputable third parties, some of whom may be located outside of the European Economic Area, to provide us with certain specialized services related to the Platform. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal information to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to provide their services to us.
• Users of our API: Orbbeatz has an open API, which enables application developers to integrate elements of the Platform into exciting new apps. Some of these developers may be located outside of the European Economic Area. Any personal information that you choose to make public on the Platform, including your public profile information and any public sounds, may be accessible to these developers over the API. For information on how to limit the information that is available over the API, please see the Choice and Control section below.
• As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties. None of this information would include any email address or other contact information, or anything that could be used to identify you in real life.
• If required by law: We will disclose your personal information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
• To protect our interests: We may disclose your personal information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Orbbeatz® community.
• In the context of a business transfer: We may disclose your personal information to any person or company that acquires all or substantially all of the assets or business of Orbbeatz, or on a merger of our business, or in the event of our insolvency. Cookies and similar technology In common with most other websites, we use cookies to help us improve the Website and the Services we provide. Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser.
Google Analytics Google Analytics is a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Website, and any Orbbeatz® players embedded on third party sites. The information generated by the cookie about your use of the Website and Orbbeatz® players (including your truncated IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your, and other users’, use of the Website and Orbbeat ® players, compiling reports for us on website activity and providing other services relating to website activity and Internet usage. Please note that Google only receives your truncated IP address. This is sufficient for Google to identify (approximately) the country from which you are visiting the Website, but is not sufficient to identify you, or your computer or mobile device, individually. You can find more information on Google Analytics here, including a link to Google’s privacy policy. For information on how to opt-out of having your data collected by Google, please see the “Cookies” paragraph in the Choice and Control section below. Quantcast Measurement Quantcast Measurement is an audience measurement service provided by Quantcast Corporation (“Quantcast”). Quantcast uses cookies to help us better understand our users, and to help us keep Orbbeatz ® and our marketing messages relevant to your use of the platform. The information generated by the cookie about your use of the Website (including your IP address) is transmitted to and stored by Quantcast on servers in the United States. Quantcast will use this information, together with information it collects from other websites that you may visit, for the purpose of evaluating your behavior across the web and compiling reports for us on your website activity. All information provided by Quantcast is aggregated and Quantcast does not provide us with any information relating to your activity on any other website. You can find more information on Quantcast’s collection and use of data here, including a link to Quantcast’s privacy policy. For information on how to opt-out of having your data collected by Quantcast, please see the “Cookies” paragraph in the Choice and Control section below.
In addition to cookies, we use the following standard Internet technology in connection with your use of the Platform:
• Clear GIFs: We use “clear GIFs”, sometimes known as “web bugs”, which are small image files that we embed into our email newsletters. These clear GIFs tell us whether you opened the newsletter, clicked on any of the content or forwarded the newsletter to someone else. This provides us with useful information regarding the effectiveness of our email newsletters, which we can use to ensure that we are delivering information that is relevant to our users.
• Flash cookies: We use Flash cookies to synchronize information between multiple Orbbeatz® players. This ensures that one player is stopped when another player starts. Unlike some other websites, we do not use Flash cookies for the purposes of collecting any personal data, and do not use Flash cookies to re-spawn any cookies that you might previously have deleted.
• HTML5 Local Storage: We use HTML5 local storage to store your default listening volume (i.e. the volume at which you prefer to hear sounds on Orbbeatz®) and, in the case of premium users, to set the widget control color. If you access the mobile version of Website, we use HTML5 local storage to store certain cookie data, including your user plan, authentication data, your username and your display preferences. We do not use HTML5 local storage to collect any personal data or to track your activity on our websites. For information on your choices regarding cookies and similar technologies, please see the Choice and Control section below.
Choice and Control
We do our best to give you as much choice as possible regarding the amount of personal information you provide to us, and the control you have over that information. It is not necessary for you to provide us with any information in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above). However, if you do decide to register a Orbbeatz® account, you can control your personal information in the following ways. Email preferences Check out the “Email” page within “Settings”.
When you are logged in to your account, you can access your Settings at the top left of the screen, and you’ll find the link to the Email page down the right side of the Settings page. From the Email page you can tell us:
• which email notifications (if any) you would like to receive from us, and how often and any additional or alternative email addresses that you may wish us to use to communicate with you. You can also turn off email notifications from the “Account” page within your Settings. By clicking on the link on the Account page, you will immediately disable all email notifications, other than essential account notifications such as important service updates, reports of copyright infringement and other essential information relating to your account and your use of the Platform.
It is also possible to unsubscribe from email newsletters and notifications (other than essential account notifications) at any time by clicking on the link at the end of each email. Sharing with other networks The “Connections” tab within your Settings enables you to control the information you share with other networks and applications. As well as selecting those of your social networks you wish to share to, you can also control access to other services and applications to which you have connected your Orbbeatz® account. If you sign up for Orbbeatz® via your Facebook account, your Orbbeatz® account and your Facebook account will be connected automatically, and information regarding the sounds that you listen to on Orbbeatz®, will be shared with Facebook and will appear in your Facebook friends’ newsfeeds. If you do not want this information shared with Facebook, please change your Settings. Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control the activities of those sites or applications.
You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your Orbbeatz® account to, any of these third party sites or applications. Sharing with other users Orbbeatz® is a very social place, but if you would prefer to browse the Website and use the Services anonymously, you can do so by checking the “Anonymous Listening” box in the “Account” tab within “Settings”. By checking this box, other users will not be able to see the sounds that you listened to, but we will still have access to this information.
If any of your sounds contain any personal information, you can control who has access to these sounds using the settings in the sound page (click on the “pencil” icon in the waveform player for the relevant sounds). By setting your sounds to “private”, rather than “public”, you can limit who has access to your sounds. Sharing with app developers Orbbeatz® has an open API, which allows third party developers to build some really cool apps as an extension of the Platform. If you would prefer that your sounds are not made available to third party app developers, you can disable API access within the sound page for each of the sounds that you upload. Click on the “pencil” icon in the waveform player, and uncheck the “Apps enabled” box at the bottom of the page. Cookies You can use the settings within your browser to control the cookies that are set on your computer. However, please be aware that cookies are important to many aspects for the Website – if you set your browser to reject cookies, you may not be able to enjoy all of the features of the Platform.
To find out more about cookies, including how to see what cookies have been set and how to reject and delete cookies, please visit http://www.allaboutcookies.org. To opt-out of being tracked by Google Analytics on the Website and other websites, please visit http://tools.google.com/dlpage/gaoptout. To opt-out of being tracked by Quantcast on the Website and other websites, please visit http://www.quantcast.com/opt-out. Please Note: We have done our best to provide you with clear and comprehensive information about our use of cookies and similar technologies. If you choose to use the Website without blocking or disabling these technologies, you consent to our use, in accordance with this Privacy Policy, of any personal information that we collect using these technologies.
Deleting your account
You can delete your account from the “Account” page within your Settings. Please bear in mind that, if you delete your account, all data associated with your account, including the sounds that you uploaded and the usage data associated with those sounds, will be deleted and may not be recoverable. You are therefore advised to copy or back up all content uploaded to your account before you delete your account. Access to your Data As described above, most of the personal information you provide to us can be accessed and updated in the “Settings” page of your Orbbeatz® account.
If you wish to access, amend or delete any other personal information we hold about you, or if you have any objection to the processing of any information that we hold about you, please contact us at privacy@orbbeatz.com, or the address provided below. If you ask us to delete your account (either via the Settings page or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal information in order to satisfy our legal obligations, or where we have a legitimate reason for doing so. International data transfers Orbbeatz is based in Europe, and your personal information is collected, stored, used and shared in accordance with European laws. However, from time to time, it may be necessary for us to transfer your personal data to the United States. You should be aware that privacy laws in the United States may not be equivalent to the laws in your country, and by using the Platform, you consent to the transfer, storage and processing of your personal information in the United States in accordance with this Privacy Policy and applicable law.
Children
Orbbeatz® is not intended for use by children. Anyone under the age of 13 is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.
If you have reason to believe that we may have collected any such data, please notify us immediately at privacy@orbbeatz.com.
Changes and Updates to this Privacy Policy
We may occasionally update this Privacy Policy, and when we do so, we will also revise the Effective Date set out below. Any changes to our Privacy Policy will always be available here so that Orbbeatz® users are always aware of what information we gather, and how we might use and share that information.
Please be sure to check back here from time to time to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy will be communicated to registered users by email (to the then current email address provided in their account), by a notification to their account, and/or by posting a notice of the change on the Website.
Questions? If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know, what information we store about you, please contact us by email at privacy@orbbeatz.com, or write to us at:
Orbbeatz, LLC 2853 NE 3rd DRIVE Homestead, Florida 33033 United States
Attention: Legal Department Don’t want to give us your information? If you decide that you do not want us to you your personal information in the manner described in the Privacy Policy, please do not use the Platform. If you have already registered an account, you can find out how to terminate or cancel your account here.
Effective Date: 22nd of September 2011